WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

Senate Bill 148

By Senators Swope, Martin, Hamilton, Jeffries, Roberts, Tarr, Woelfel, Woodrum, Trump, Oliverio, Stuart, Clements, Phillips, and Queen

[Introduced January 11, 2023]

A BILL to amend and reenact §7-12-3 of the Code of West Virginia, 1931, as amended, relating to municipalities required to be represented on county authority boards; and providing that only municipalities with 1,000 or more residents are required to be represented on a county authority board.

Be it enacted by the Legislature of West Virginia:

ARTICLE  12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.

§7-12-3. Management and control of county authority vested in board; appointment and terms of members; vacancies; removal of members.

The management and control of a county authority, its property, operations, business, and affairs shall be lodged in a board of not fewer than 12 nor more than 21 persons who shall be appointed by the county commission and be known as members of the authority. The county commission shall appoint one member to represent the county commission on the board and, for each municipality with 1,000 or more residents located within the county, the county commission shall appoint one member to represent the municipality. The city and town council of each municipality with 1,000 or more residents located within the county shall submit to the county commission the names of three persons, one of whom the county commission shall appoint to be the municipality’s representative on the board. Other members of the board shall be appointed by the county commission and shall include representatives of business, industry, and labor. The members of the authority first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms. Thereafter, members shall be appointed for terms of three years each. A member may be reappointed for such additional term or terms as the county commission may deem proper. If a member resigns, is removed, or for any other reason his or her membership terminates during his or her term of office, a successor shall be appointed by the county commission to fill out the remainder of his or her term. Members in office at the expiration of their respective terms shall continue to serve until their successors have been appointed and have qualified. The county commission may at any time remove any member of the board by an order duly entered of record and may appoint a successor member for any member so removed.

Other persons, firms, unincorporated associations, and corporations, who reside, maintain offices, or have economic interests as the case may be in the county, shall be eligible to participate in and request the county commission to appoint members to the development authority as the said authority shall by its bylaws provide.